Terms and conditions

Terms and conditions

FoldX Easy up, based on the HCPootstraat 1, 7103 ZM Winterswijk, Netherlands. Registered in the Commercial Register of the Chamber of Commerce Arnhem number 57,890,064. Hereinafter referred to as FoldX

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Article 1. Relevance

1. These general conditions apply to all offers and all agreements entered into by FoldX, whatsoever. In particular, these conditions also apply to agreements entered into by FoldX to supply goods to our buyers.
2. Which refers to these terms and conditions is about "buyer" shall mean any natural or legal person, to FoldX in a contractual relationship under an agreement concluded with FoldX purchase agreement, or other agreement wishes to enter. / Offer below In particular, the term "buyer" includes the person whose order and on whose behalf the goods are delivered.
3. Of it can only provisions of these terms and conditions be waived only if and to the extent expressly agreed in writing.
4. Should the buyer (his) general conditions, the terms of the buyer not apply. This is different only if and insofar as the applicability of the requirements of the buyer does not conflict with the terms of FoldX, then only in the terms of certain FoldX apply. Any other stipulation in the conditions of the buyer does not affect the foregoing.
5. Where in these terms refers to "supply (of goods)", this also includes the provision of services and activities of any kind.

Article 2. Offers

1. All the offers of FoldX should be regarded as invitations to the potential buyer to make an offer. They bind FoldX therefore in no way, unless the offer expressly and unambiguously (in writing) the contrary is provided. The order given to FoldX as an offer, which first considered after written confirmation (the order) is to be accepted. FoldX
2. Of the tenders submitted by FoldX part-in particular with regard to in the previous paragraph -: designs, drawings, models, samples, descriptions, images and the like, and any attachments and documents relating to FoldX tenders. These developments, as well as by FoldX in this regard made tools, owned by FoldX, and must be returned upon request and may not be used without express written permission of FoldX copied and / or third parties be issued. FoldX also retain all under any existing intellectual and industrial property rights.

Article 3. Establishment Agreement

1. An agreement with FoldX is only established when FoldX accepted. FoldX to a given order in writing An agreement is deemed to have come at the time when the order confirmation sent FoldX. Established
2. The buyer is also given to his order, in whatever form FoldX, bound for a period of 8 days after the date of the order or (if an order provided verbally) after giving the order. A statement from the buyer that he wishes to cancel or modify issued during this period of eight days, his order can not prevent an agreement based on the (original) order is established, if the order FoldX yet accept / confirm within this period of 8 days.
3. The transmitted by FoldX order confirmation to the buyer is supposed to give. The contents of the agreement are complete and accurate weather The buyer will be considered to agree with the contents of our order confirmation unless he indicates in writing to FoldX within 8 days of the date of our order confirmation that he does not agree with the contents.
4. Any additional agreements and / or commitments made and / or done by our staff, or made on behalf FoldX and / or made by other persons acting as representatives, binding only if FoldX by FoldX competent driver (s these agreements and / or commitments to representation ) are confirmed in writing.

Article 4. Price

1. FoldX prices are exclusive of VAT and unless expressly agreed otherwise in writing, excluding packaging, transport and other costs related to installation, import and transhipment.
2. The tenders, contracts and order confirmations are based on the force at the time of conclusion of the contract cost factors such as exchange rates, manufacturing prices, raw material and material prices, wage and transport costs, insurance, taxes, import duties and other government levies.
3. FoldX reserves the right, if, after the date on which the agreement has been concluded, but before the day of delivery, increases in one or more of the cost factors act to charge. These increases to the buyer Furthermore, FoldX the right in such a case terminated the contract in whole or in part be explained without judicial intervention is required. This freedom also comes to the buyer, but only if FoldX within 3 months after the conclusion of the agreement on the position that changes in the cost of an increase in the price specified in the order confirmation arises. If the buyer of this right, he must within 5 days of receipt of the notice from FoldX by registered letter to invoke the dissolution.

Article 5. Delivery and delivery deadlines

1. The specified FoldX delivery times on the day on which the agreement has been concluded, provided all the information FoldX for the implementation of the order needs in its possession. The specified FoldX delivery times will never be regarded as deadlines, unless otherwise expressly agreed in the individual contract.
In late delivery FoldX must therefore be in writing to be made.
Case - notwithstanding the above - in the individual contract expressly fined for exceeding the agreed delivery time, is not payable if the delay in delivery is due to the force majeure referred to in Article 10 of these General Conditions.
2. Unless the order confirmation to the contrary, the delivery of goods carriage paid when the invoice amount over € 20,000, say, twenty thousand euros. Furthermore, the expense and risk of the buyer. Trips Foreign buyers delivers FoldX, unless otherwise agreed, ex warehouse. Furthermore, the expense and risk of the buyer. Trips Off-duty and can be arranged by FoldX but is borne by the buyer.
3. Unless buyers themselves provide forwarder, the goods sent by us to the agents to FoldX consider favorably with FoldX by opting for the account and risk of the buyer.
4. Asks a buyer to the delivery of goods to another than to take place, the usual way then FoldX bring the associated costs to the purchaser.
5. If delivery in installments, has to be considered. FoldX right every delivery as a separate transaction
6. The buyer is obliged to take off. Purchased within the agreed time
Failing this FoldX entitled - at our discretion - pursuant to the provisions to require the competent court FoldX of its commitment free, to deliver the goods agreed in article 6:60 Civil Code or without prior notice claim. payment of the purchase price of the part not taken
7. If the buyer fails to fulfill its payment obligations, is FoldX terminate the agreement without judicial intervention to declare dissolved. If the buyer remains in default in accordance with the above, the goods are deemed to have been delivered and will FoldX the expense and risk of the buyer, against reimbursement of all costs resulting therefrom, save.

Article 6. Advertising by the buyer

1. The buyer is responsible for the accuracy and completeness of and is responsible for the information he / her FoldX provided.
The buyer must where the information provided by FoldX in our offer, or what Article 2 paragraph 2 part, sizes, color and such authenticity, taking into account the usual margins and with minor changes in the goods supplied by FoldX. More specifically applies to deviations from the contracted amount, the buyer should also here to take account of customary clearances.
The goods supplied by FoldX may differ from the description in the order if and when it comes to small differences in size, quantity differences and subordinates changes.
2. Complaints from the buyer, relating to defects in the latest cases are observable, should by the buyer within 8 days after delivery or within 8 days after the invoice date, if the items to the buyer (could) be delivered to FoldX notified to be charged. This must be made by registered letter with a clear and precise description of the complaint, stating the invoice which the goods are invoiced. Buyer must perform. Careful and timely control
3. Defects at the time of delivery were not apparent, nor could prove, in a careful and timely control to the buyer within 8 days after being charged in the manner specified in the light of these defects occur FoldX notified paragraph 2.
4. Any claim by the buyer against FoldX relating to defects in the goods supplied by FoldX, lapses if:
a the deficiencies within the prescribed deadlines paragraphs 2 and 3 and / or have been notified to FoldX in the manner indicated there;
b. the buyer FoldX no / lack of cooperation regarding an investigation into the merits of the complaints;
c. the buyer the goods has not properly prepared, handled, used, stored, maintained or whether he used or handled the goods provided under conditions or for purposes other than FoldX;
d. The application of the use of the goods in relation to which the allegations by the buyer continues;
e. the warranty period specified in the individual contract has expired or, if such a term is missing, the complaints raised after a period of more than 12 months since the delivery time has elapsed.
F. In disputes concerning the quality of the goods supplied by us will be indicated by FoldX good name reputable agency will make a binding decision.

Article 7. Liability

1. FoldX only provides the quality assurance listed in its catalogs and related documentation (Errors and write back roads left).
2. FoldX ensures accurate sample delivery with express delivery with express reservation for minor color and quality deviations.
3. Color matching can only be guaranteed with simultaneous orders.
4. The sizes and dimensions contained in the catalogs and / or price list are "approximate" sizes. Smaller deviations and changes in form and appearance of a model are possible and FoldX expressly reserves here.
5. Only if the warranty obligations in respect of the goods delivered by FoldX not at manufacturers or suppliers and are taken by third parties, FoldX in itself can make the buyer against FoldX (warranty) claims apply. FoldX liability in this case is limited to defects that result from manufacturing and material defects.
6. In case of advertising is FoldX, where the merits of the complaint, the quality is concerned, is determined by FoldX and FoldX also includes liability referred to in paragraph 1 shall only be obliged to this at our option:
a (free) repair of defects;
b. delivery of replacement items or parts, after receiving the defective goods or parts;
c. refund of the purchase amount / crediting of the invoice sent to the buyer with dissolved without judicial intervention of the agreement signed, all as far as the purchase price, the invoice and the agreement on defective items supplied;
d. an agreement with the buyer to pay compensation in another form than those above.
7. Warranty obligation is void if:
If a buyer without the prior express written permission of the matters repairs and / or modifications performed / carried out.
b. Accidents, vandalism, fire, floods, other natural disasters, and all other situations of apparent force majeure;
c. Misuse and other external factors;
d. Mold and weather stains
e. Wear
f. Damage caused by parts other than genuine parts

8. Subject to any obligations FoldX under the above FoldX never obliged to pay any compensation to the buyer and others, unless there is intent or negligence on our part (by those who FoldX holds liable for the legal means to show) . continues to decline. purchased within the agreed time In particular FoldX also never liable for consequential or damage, direct or indirect damages whatsoever profits and damages including downtime - suffered by the client, his subordinates and by or through him employed or third parties, by complete or partial ( re) deliveries of goods, delayed or unsound delivery, or failure of delivery of goods or the goods themselves.
9. The buyer is not entitled to things which no advertising is motivated returns. Should this occur without any valid reasons, all costs related to return at the expense of the buyer. FoldX is then free to store. The expense and risk of the buyer to third parties on
10. The buyer is obliged to indemnify us against all claims by third parties in respect of the implementation of the Convention against FoldX may claim, in so far as the law does not prevent the harm arising from these claims and costs borne by the buyer FoldX .

Article 8. Retention of security

1. Goods delivered by FoldX remain the property of FoldX to by or arising from the delivered FoldX FoldX is due at the time of full payment of all that the buyer under, coherent. If FoldX deems it necessary FoldX has the right of the buyer assurance regarding compliance with its obligations to demand.
2. The buyer has no right to give them to settle possessory pledge or any other business or personal right for the benefit of a third of them to settle. Things are not paid in property
3. Notwithstanding the foregoing provisions of this article, the buyer is allowed to sell the goods to third parties but this is only in the context of its normal operations. In such case the buyer is obliged immediately to the funds obtained FoldX transfer, or, if not sold the assets acquired immediately to FoldX transfer against cash payment.
4. If as a result of working or processing by the buyer ownership of FoldX resting on the goods supplied by FoldX is lost, the buyer is obliged benefit of FoldX to highlight the issues arose after the working or processing. A possessory pledge immediately
5. FoldX is entitled at all times the things that are covered by the buyer (or third), but the owners, take FoldX under FoldX once FoldX can reasonably assume that the real risk that the buyer will not fulfill its obligations . The foregoing shall not affect the rights defined for FoldX from the common law: in particular FoldX reserves the right buyer after taking among us of the goods for damages to appeal.
6. The buyer is obliged to insure the risk of fire and theft regarding the outstanding issues and at the request of FoldX to demonstrate this insurance.

Article 9. Payment

1. Payment must be made in Euros, unless otherwise agreed, without any deduction or discount cash on the spot where FoldX is established or by transfer to a designated FoldX bank account, in each case immediately upon delivery of the goods concerned, at least within 14 days after the invoice date, all unless otherwise expressly agreed in writing. When paying by bank transfer, the day of crediting FoldX bank or giro account as the day of payment applies.
2. If the purchaser to (full) payment is not timely, he is in default without further notice of default being required. Then FoldX has the right, if a sufficient nexus with the breach of the buyer, to suspend the fulfillment of all obligations towards the buyer FoldX subject FoldX all rights arising from the common law.
3. Also FoldX entitled to all outstanding delivery cash payment for delivery of the goods or guarantee for timely payment. Furthermore FoldX then be entitled to terminate the contract, then the obligation to return the goods delivered, or make the buyer's obligation to otherwise cancel the service provided by FoldX, without prejudice FoldX entitled to compensation. Agreement without judicial intervention If the buyer fails to make timely payment, he forfeits to FoldX, or credit of the seller, without any further notice from us is necessary, from the due date until the date of full payment interest at the statutory rate plus 4 % per year, calculated on the amount unpaid, with interest immediately due and payable without further notice.
All with the collection of amounts invoiced costs (including the extrajudicial collection costs) shall be borne by the debtor. The extrajudicial collection costs amount to at least 15% of the principal amount with a minimum of € 50, - all excluding VAT.
In addition, all adverse effects of exchange rate loss or otherwise of late payment or non-payment arising on behalf of the buyer, even though copper met under existing regulations in his country in time of its payment, but circumstances beyond his control measures or the transfer have held disadvantageously for us.
4. Payments shall in accordance with article 6:44 Civil Code first reduce the costs referred to in paragraph 3, then against the interest due and finally to reduce the principal and accrued interest.
5. If the financial position of the buyer after the conclusion of the agreement, but before the delivery of the goods a significant deterioration, we are entitled to refrain from further performance of the contract, or a change in the payment in whole or in part claim.
6. FoldX can transfer his claims of all transactions to a credit to his choice.

Article 10. Odds

Force majeure shall mean any circumstance beyond our power is such that compliance with the agreement can not reasonably be expected (not attributable to shortcomings in the performance). FoldX of Force majeure includes: war, unrest and hostilities of any nature whatsoever, blockades, boycotts, natural disasters, epidemics, lack of raw materials, impediment and interruption of transport facilities, failures in our company, import and export restrictions or prohibitions, obstructions caused by measures, laws or lutes of international, national and regional (government) agencies. If FoldX force majeure his obligation to deliver does not properly or can not comply on time is FoldX terminate the agreement or the part not yet been implemented as dissolved, or to suspend for a specified or unspecified period, the FoldX choice. In case of force majeure, the buyer can not sue for damages FoldX.

Article 11. Applicable law

The offers made by FoldX and all agreements entered into by FoldX solely Netherlands law.

Article 12. Dispute

All disputes of any kind related to / resulting from agreements entered into and deliveries by FoldX be tried by the competent court in the Netherlands. FoldX by

FoldX Products, located at HCPootstraat 1 7103ZM in Winterswijk, Netherlands.

Registered in the Commercial Register of the Chamber of Commerce Arnhem number 57,890,064.